What Type of United States Work Visa Right for You?

A United States work visa is a document that allows foreign citizens to live and work in the US for a specific job and for a certain period, after which they must return to their home countries. The specific type of US work visa required depends on various factors, such as the nature of the job, the duration of stay, and the applicant’s qualifications. Most US work visas are employer-dependent, meaning they can only be obtained through a specific job offer from an American employer, agent, or sponsor. In this article, attorney Michael Decker expands on the main types of work visas for the United States.

Does a Work Visa Allow You to Immigrate to the US?

No. Work visas are usually part of the nonimmigrant visa category, intended for people planning to stay in the United States temporarily for specific purposes, such as tourism, business, education, or temporary work. Non-immigrant visas generally do not grant permanent residency or a path to citizenship.

On the other hand, most types of US work visas allow you to bring your spouse and unmarried children under 21 as dependents, and spouses are usually granted work authorization.

What is an Employer-Based Visa?

The various visas described below are all “employer-based,” meaning they can only be obtained through a specific job offer from an American employer, agent, or sponsor. In this arrangement, the employer is responsible for sponsoring and applying for the visa on behalf of the employee, and they submit a petition for the visa to the US Citizenship and Immigration Services (USCIS).

A US work visa for foreign citizens is granted to fill skill shortages that are rare in the US or to meet other specific job requirements. The employer must show there are no suitable local candidates and justify the need to hire a foreign worker. In some cases, before hiring foreign workers, the employer must first apply for temporary labor certification from the US Department of Labor. This certification is valid for six months and allows the foreign worker to be employed for up to one year. This certification indicates that no qualified American workers are available for the position.

If the employer’s petition is approved by USCIS, it is sent to the National Visa Center (NVC). Upon receiving the petition, the NVC issues a case number for the petition and forwards the case to the US embassy or consulate in the foreign worker’s country for further processing. After obtaining a type of US work visa, the employee is usually tied to the sponsoring employer for the visa’s duration, and in case of changing employers, the employee might need to obtain a separate visa.

What are Some of the Main Types of Work Visas for the United States?

There are several types of US work visas. The more common visas include:

• E-1 Treaty Trader Visa: This visa is for foreign nationals of countries with a trade treaty or qualifying international agreement with the US or citizens of a qualifying country under US legislation (like Israel). Holders of this visa are eligible to live and work in the US and engage in international trade between the treaty country and the US. The visa is initially granted for up to 52 months and can be extended in increments of 52 months indefinitely.
• E-2 Investor Visa: This visa allows foreign nationals to live and work in the US if they invest a significant amount of money in a US business. Similar to the E-1 visa, the E-2 visa is available only to citizens of countries with which the US has a trade treaty or qualifying international agreement (Israelis have been eligible to apply for this visa since 2019). To qualify for an E-2 visa, one must invest a substantial amount of capital in a US business, typically sufficient to operate the business. There are no strict rules on the investment amount, but generally, the more you can invest, the better the chances of approval. Investors, their families, and specialized employees operating the business will receive an initial visa for up to two years. Extensions can be granted in increments of up to two years each, with no limit on the number of extensions.
• H-1B Specialty Occupation Visa: To qualify for this visa, the applicant must have a bachelor’s degree or its equivalent in terms of certification and experience. It is intended for foreign workers in professions requiring specialized knowledge or expertise. This visa is commonly used in fields such as science, technology, engineering, and mathematics. The H-1B classification has an annual cap of 65,000. An additional 20,000 petitions filed on behalf of foreign nationals with a master’s degree or higher from a US institution of higher education are exempt from the cap. Additionally, H-1B workers employed at or affiliated with institutions of higher education or related entities, such as nonprofit research organizations or government research organizations, are also not subject to the cap. This visa can be granted for up to three years, typically extendable up to six years in total.
• H-2A Temporary Agricultural Worker Visa: This visa allows US agricultural employers to bring foreign workers to fill seasonal or temporary jobs when there is a shortage of domestic workers who can, are willing, qualified, and available to perform the temporary work. The employer must also show that employing H-2A workers will not adversely affect the wages and working conditions of similarly employed US workers. H-2A petitions can only be approved for nationals of countries designated by the Secretary of Homeland Security. Israel is on this list.
• H-2B Temporary Non-Agricultural Worker Visa: Similar to the H-2A visa, this visa allows foreign workers to be hired by a US employer to fill temporary (but non-agricultural) positions. It is designed to address temporary labor shortages in industries such as tourism, landscaping, construction, and other sectors with seasonal or peak load needs. To qualify for this classification, the employer must demonstrate that there are not enough US workers who can, are willing, qualified, and available to perform the temporary work.
• H-3 Trainee or Special Education Visitor Visa: This non-immigrant visa allows foreign nationals to come to the US to receive training or special education.
  • H-3 Trainee Visa: This subcategory is for foreign nationals seeking training in any field, excluding graduate medical education, that is not available in their home country. The trainee must be invited by an individual or organization to receive such training. This visa is intended for future employment outside the US. The trainee cannot be placed in a position usually filled by regular US employees and workers. If approved, the trainee may stay in the US for up to two years.
  • H-3 Special Education Visitor Visa: This subcategory is for foreign nationals who want to participate in an exchange program providing practical training and experience in educating children with physical, mental, or emotional disabilities. If the special education visitor’s petition is approved, they may stay in the US for up to 18 months. There is a limit on the number of visas in this subcategory, with only 50 special education visitors allowed per year.
• I Visa for Foreign Media Representatives, Press, and Radio: Since the US is a global superpower, it naturally attracts foreign media representatives, press, and radio professionals who come to the country to practice their profession. An I visa is generally granted for a specific media event, ranging from a few days to several years. Extensions may be possible if the work continues, up to the maximum duration for a non-immigrant visa, which is 10 years.
• L-1 Intracompany Transferee Visa: This type of visa allows multinational companies to transfer employees from their foreign offices to their US offices. There are two subcategories of L-1 visas:
  • L-1A for Managers: This visa type allows a foreign company that does not yet have an office in the US to send a manager to establish one. To qualify for an L-1A work visa in the US, the manager must have at least one year of full-time experience at the home office within the three years before traveling to the US. The manager must also enter the US to occupy a managerial role in a subsidiary or affiliate of the same company. This subcategory visa is granted for up to three years.
  • L-1B for Employees with Specialized Knowledge: This classification allows a US employer to transfer a professional employee with specialized knowledge from the company’s foreign office to one of its offices in the US. This classification also allows a foreign company that does not yet have a US office to send an employee with specialized knowledge to help establish one. To qualify, the employee must have worked for the approved organization abroad for at least one continuous year within the three years immediately before being admitted to the US, and seek to enter the US to provide services requiring such specialized knowledge to the same employer or a branch of the same employer. An L-1B visa is granted for up to one year.
• O-1 Visa for Individuals with Extraordinary Ability or Achievement: This visa is for individuals who can demonstrate extraordinary ability or achievement in various fields. The applicant must show that their work has been recognized nationally or internationally. To demonstrate extraordinary ability, an O-1 visa applicant must submit evidence of their achievements, such as awards, accolades in articles, published articles or books, peer recommendations, exhibition performances, and membership in professional associations. The initial period of stay for O-1 visa holders is up to three years, and it can be extended in increments of up to one year each time, depending on the time needed to accomplish the original event or activity.
• P-1A Visa for Athletes: This visa is for athletes and coaches coming to the US temporarily to compete in an athletic competition. A P-1A visa is intended for athletes or teams that have a high level of achievement in their sport. The visa is granted for the duration necessary to complete the event, competition, or performance, not exceeding five years (one year for essential support personnel). This period can be extended up to a total of 10 years for individual athletes or essential support personnel, and in one-year increments for athletic teams and their essential support personnel.
• P-1B Visa for Members of an Internationally Recognized Entertainment Group: The P-1B work visa for the US allows recognized entertainers to work temporarily in the US. To qualify for a P-1B visa, the entertainers must prove that they are: members of an internationally recognized entertainment group established for at least one year and recognized internationally for a significant period. The initial period of stay for this visa type is the time required to complete the event, competition, or performance, up to one year. Extensions can be granted in increments of up to one year to continue or complete the event, competition, or performance.
• P-2 Visa for an Individual Performer or Part of a Group Entering the US Under a Reciprocal Exchange Program: This visa is for performers coming to the US to perform under an exchange program. This visa type is often used by entertainers and athletes coming to the US to perform with a foreign group or band. Similar to the P-1B visa, the initial period of stay for a P-2 visa is the time required to complete the event, competition, or performance, up to one year. Extensions can be granted in increments of up to one year to continue or complete the event, competition, or performance.
• P-3 Visa for an Artist or Entertainer Coming to be Part of a Culturally Unique Program: This visa allows artists to enter the US to participate in culturally unique performances or events that will promote the understanding or development of the art form involved. This visa is also valid for the time required to complete the event, competition, or performance, up to one year, and can be extended in increments of up to one year.
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How Can an Immigration Attorney Help Me Get a Work Visa for the United States?

The US immigration system is complex and constantly changing, so it is essential to consult an immigration attorney if you are considering applying for a work visa. An experienced attorney familiar with the intricacies of the system can help you understand the requirements for the visa you are interested in and assist you in gathering the necessary documents.

They can ensure your application is correctly submitted to avoid any issues.

Decker, Pex, Levi, a reputable law firm with offices in Jerusalem and Tel Aviv, specializes in US immigration law and has a dedicated US immigration team to assist you in meeting all requirements for obtaining a US work visa. We would be happy to serve you and assist you with all related matters.

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03-3724722

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